20190809 Ver 1_Approval Letter_20190812

ROY COOPER
MICHAEL S. REGAN
Secretar,,
LINDA CULPEPPER
Director
August 12, 2019
NORTH CAROLINA
Environmental Quality
DWR #19-0809
Wake Couri , ty
Stancil Vineyards, LLC
'Attn- Freddie'Stancil
466 Stancil Road
Angier, NC 27501-8342
Subject: APPROVAL OF 401 ,WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS'
AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN,,RIPARIAN BUFFER'.
PROTECTION RULES (15A NCAC 0213.0233) WITH ADDITIONAL CONDITIONS
Adam's Vineyard
Dear Mr. Stancil:
You have our approval for the impacts listed. below for the purpos-e-destrib6cl-irt your
applicatio6'receive.d bythe Division of Water Resources, (Division) on June 13, 2019 with -
payment received on June 19,2019 with additional information received on August 8- 2019.
These impacts are,ci,overed by the attached Water Quality General Certification Number 4139
and the conditions listed below.. This certification is associated with the use of Nationwide
Permit Number 29,once it is issued to you by the U.S. Army " Corps of Engineers. I Please note
that you should get any other,federal, state or local.perm'its beforeeproc6eding with your,
project, including those required by (but not limited to) Sediment and Erosion Control, Non -
Discharge, and Water Supply Watershed regulations.
This approval requires you to follow�the conditions listed in the enclosed certification and the
following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification and Buffer Rules are met. No other impacts are
approved, including incidental impacts.' [15A NCAC 02B.0506(b)(c)], and15A NCAC
02B.023.3(8)]
Norlh Cwollna Quality I DWsion of VV�ttex- Resour-ces
Raleigh Region 3€ Office 3800 Bw-rett Drive Rdelgh, Not-th Car.ohila 21609
919,791.1:200

Adam's Vineyard
DWR #19-0809
401 AND BUFFER APPROVAL
Page 2 of 5
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Wetland
Mitigation Required
W1: Road Crossing/Grading
0.205 (acres)
0 (acres)
Buffers - Zone 1
EBX-Neuse I, RES
03020201 -Not in Falls
B1: Road Crossing
5,282 (square feet)
0 (square feet)
Buffers - Zone 2
B1: Road Crossing
3,380 (square feet)
0 (square feet)
B2: Road Crossing
652 (square feet)
0 (square feet)
B3: Sediment Basin
0 (square feet)
4,911 (square feet)
B4: Sediment Basin
0 (square feet)
1,631 (square feet)
2. Stormwater Management Plan (SMP) Approval from Local Community Required
The stormwater management plan (SMP) must be approved by the Wake County and meet
the requirements of this Certification. The SMP may not be modified without prior written
authorization from Wake County. [15A NCAC 02H .0506(b)(3)]
3. Compensatory Mitigation Using a Private Mitigation Bank
Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received a Statement of Availability letter from EBX-Neuse I, LLC Neuse Riparian
Buffer Umbrella Mitigation Bank (EBX-Neuse 1), RES Neuse Buffer and Nutrient Offset
Umbrella Mitigation Bank (RES) or EBX Upper Neuse Riparian Buffer Umbrella Mitigation
Bank (EBX) to meet this mitigation requirement. The specific bank site to be debited will be
Arrington Bridge I, Buffalo Branch, Selma Mill, Cedar Grove, Hatley, Ezell, Polecat, Hannah
Bridge, Meadow Spring, and Stone Creek all located in HUC 03020201. Until the EBX-Neuse
I, RES or EBX receives and clears your payment, and proof of payment has been provided to
this Office, no impacts specified in this Authorization Certificate shall occur. For accounting
purposes, this Authorization Certificate authorizes payment to EBX-Neuse I, RES, or EBX to
meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]:
Compensatory
Bank Sponsor
River & Sub -basin
Mitigation Required
Number
Buffer -Zone 2
978 (square feet)
EBX-Neuse I, RES
03020201 -Not in Falls
or EBX
Lake Watershed

Adam's Vineyard
DWR #19-0809
401 AND BUFFER APPROVAL
Page 3 of 5
4. The permittee shall report to the Raleigh' Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 02B 1.0200] including
but not limited to sediment impacts, and any violation of state `regulated riparian buffer
rules [15A NCAC 02B .0200]. Information shall be provided orally.within 24 hours. (or the
next business day if a weekend or holiday) from the time the applicant became aware of the
circumstances'. ,A written submission, shall also be provided within Sbusihess days of the
time the applicant becomes aware of the circumstances. The written s'ubm'ission shall .
contain adescription of the noncompliance, and its causes; the period of,noncompliance,
including exact dates and times, if. ,the noncompliancehas not been corrected, the
anticipated time compliance; is expected to continue; and .steps taken or planned to reduce,
eliminate, and prevent reoceurren.ce of the noncompliance. The,Division may waive the
written submission requirement on a case-by-case basis,
5. No Waste, Spoil, Solids, or'Fill'of'Any Kind
No waste, spoil, solids, or f0rof a'ny kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the i'rnpac'ts,,depicted in the Pre -Construction Notification. All
construction activities, including the design, installation,,operation, and maintenance of
sediment and erosion control;, Be'st'Management Practices),shall be performed so that no
violations of state water qualitystandards, statutes, or rules'occur. [15A NCAC 02H .0501
and .0502]
6. Protective Fencing
The outside buffer, wetland or'water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved to
infringe within the buffer, wetland or water prior to any land disturbing activities to ensure
compliance with 15 NCAC 02H1.0500. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A.NCAC
02H .0507 (c)]
7. This approval is for the purpos'e'and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification and
Buffer Authorization. If you clia'nge'your project, you must notify the Division and you may
be required to submit a new,application package with the appropriate fee. If the property is
sold, the new owner must be'given a copy of this approval letter and General Certification
and is responsible for complying with all conditions. [154 NCAC 02B .0507(d)(2)]
This approval and its conditions arfe,final and binding uniess,contested. [G.S. 143-215.5]
i
i

Adam's Vineyard
DWR #19-0809
401 AND BUFFER APPROVAL
Page 4 of 5
This Certification and Buffer Authorization can be contested as provided in General Statute
150B by filing a written petition for an administrative hearing to the Office of Administrative
Hearings (hereby known as OAH) within sixty (60) calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at [phone] for information. A petition is considered filed when the original
and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal
office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state
holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending by First Class Mail
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service
(e.g. UPS, FedEx):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Please send one (1) copy of the petition to DWR:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DWR-401 & Buffer Permitting
Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DWR — 401 & Buffer Permitting
Branch
512 N. Salisbury Street
Raleigh, NC 27604

Adam's Vineyard
DWR #19-0809
401 AND BUFFER APPROVAL
Page 5 of 5
This letter completes the review of the Division under section 401 of the Clean Water Act and
the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0233. Please contact Stephanie
Goss at 919-791-4256 or [e-mail] if you have any questions or concerns.
Sincerely,
ick �Bo�lrich, L.G.
Assistant Supervisor, Water Quality Regional Operations Section
Enclosure: GC 4139
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, Ste. 105; Wake Forest, NC 27597
DWR RRO 401 file
DWR 401 & Buffer Permitting Unit via Laserfiche
Lauren Norris -Heflin via e-mail at [e-mail]